Faraj v Fernando

Faraj v Fernando involved a personal injury claim, with the plaintiff seeking damages from the defendant. The incident occurred when the plaintiff was injured as a result of an accident caused by the defendant. The case was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was the appropriate assessment of damages for the injuries sustained by the plaintiff. This involved evaluating the extent of the plaintiff's injuries, their impact on the plaintiff's life, and the costs associated with medical treatment and rehabilitation. The court was required to determine the appropriate compensation for both the physical and non-physical consequences of the injuries.

The court approached the assessment of damages by considering the nature and severity of the injuries, the impact on the plaintiff's quality of life, and the medical evidence presented. It examined the medical reports, expert opinions, and the plaintiff's testimony regarding the pain and suffering endured. The court also took into account the costs incurred for medical treatment, rehabilitation, and any future care that may be required. After weighing all the evidence and applying relevant legal principles, the court determined the appropriate amount of damages.

The court awarded judgment in favour of the plaintiff for $63,826.57, representing the total damages for the injuries sustained. The defendant was ordered to pay the plaintiff's costs, with liberty to apply. The exhibits were retained for 28 days.